The Client by default agrees to the terms & Conditions below.
It is jointly agreed that the following terms of agreement form an essential part of this contract and that no deviation or alteration of this contract shall be effective except if accepted by both Mobile Photo-booth (Provider) and the client, in writing.
Payment Terms:
We require a 50% deposit to secure your booking, together with the signed contract. The balance must be paid 7 days prior to the date of the function. If the balance is not received before above mentioned date it could result in your booking being null and void and deposit forfeited.
Refunds:
In the unlikely event that the Provider is not capable to supply an operational photo booth for at least 80% (including occasional maintenance time) of the arranged service time - depending on the circumstances - we will either stay for a longer time period to compensate for the lost time, or the Client shall be refunded a prorated amount based on the service received.
If the printer fails to print out the photos on-site the Provider will be allowed to give a web site address to the client where their guests can log onto and order prints free of charge with free postage (bearing in mind that they do not order more than would have been printed if the printer was working).
Indemnification:
Client will indemnify Provider against any and all liability related to Client’s event during or after Clients event. Client will indemnify Provider from the time of service and on into the future, against any liability associated with the Client.
Termination of Hire/Abuse/Threatening behaviour:
Mobile Photo-booths will not tolerate any abuse or hostile behaviour to any of our staff or abuse of the booth or booth equipment. If this occurs Mobile Photo-booths retain the right to terminate the hire instantly. This applies equally to you and your guests.
Mobile Photo-booths may terminate the hire in circumstances where our staff feel the equipment belonging to Mobile Photo-booths or the booth itself is at risk of being damaged or has been damaged due to the actions or disruptive behaviour of you or your guests.
Wherever possible and practical to do so we will speak with you or the venue manager first to try to resolve the matter before any termination is enacted. If we do terminate, for any reason, the full cost of hire will remain due and we will not issue any refunds for any period of hire not provided.
Damage to Equipment:
Client acknowledges that it shall be accountable for any damages or loss to Provider’s equipment and props caused by any misuse of Provider’s equipment and props by the Client or it guests.
Events beyond our Control:
Mobile Photo-booths cannot be held responsible for any circumstances that may prevent us from attending your event; these may consist of but are not limited to harsh weather conditions, traffic delays, breakdown of our vehicles, illness or equipment malfunction. In the case that we cannot attend or fulfil your hire due to events beyond our control, we will contact you or the venue as soon as possible. In these instances our accountability will be restricted to the refunding of all monies paid.
Mobile Photography Wedding & Function Photography Services Agreement:
This agreement for photography services is entered into by the person(s) described on page 1 of the Contact, referred to as "Client" and "Mobile Photography", an independent contractor. This contract is not considered "work for hire".
Description of Service:
Mobile Photography will supply high quality photographic services for the event(s) stipulated on page 1 of the Contract. Unless otherwise noted, we will provide one professional photographer to take photographs using digital camera equipment, producing “Digital Images” in high-resolution .jpg format. Apart from the primary photographer assigned, Mobile Photography may use additional photographers and/or assistants at its discretion. Except if otherwise agreed upon, the Digital Images will be posted via registered post.
Cooperation & Availability:
The parties agree to positive cooperation for the best achievable results. In order to help attain the best results possible at large events, either the Client or their designee must indicate individuals/groups that are significant to be photographed. It is the Client’s responsibility to ensure that key persons are on time, available, and all set to be photographed. Client will provide Mobile Photography with an approximate number of guests expected to attend. If the estimate differs considerably from the actual guests that attend, Mobile Photography reserves the right to adjust the fee on the final invoice accordingly.
Required Scenes:
The Client will provide Mobile Photography with a list of recommended photographs that they wish for in advance. While every attempt is made to adhere to the Client’s desired list of photographs and create the best images possible, no particular image is guaranteed. Mobile Photography is capable of handling most low-light situations. In circumstances where flash photography is forbidden or is deemed to be unsafe, the Client agrees to accept the Digital Images as-is, given the practical limitations of low-light photography.
Copyright, License to Use & Model Release:
It is understood that Mobile Photography owns the copyright and that all photographs remain the property of Mobile Photography. All images supplied to you are for your personal use only i.e. they are not for commercial use. Prior consent for the use of the images for any other purpose than for your personal enjoyment is to be sought from Mobile Photography. Permission is herewith given to Mobile Photography to use any photograph for marketing, photographic competitions, exhibitions and display.
Deposit, Reservation & Scheduling:
A 50% non refundable deposit is required to secure the date ( together with a signed terms and conditions and client form ) with the balance due on delivery of the photos +/- 3 weeks after the wedding. All deposits are non-refundable even if the date has changed or the event is cancelled for any reason.
Weddings on weekdays and Sundays, less 10%.
Package includes traveling costs in and around Pretoria. Traveling cost outside Pretoria is R3/km excluding toll-gate costs.
Should photographs be taken at your wedding Reception, seating arrangements for the photographer as well as the assistant must be arranged inside the reception hall. For Weddings or other shoots outside Pretoria bed and breakfast will be for the client's account.
The photographer adhere to strict time limits, overtime rates will apply @ R400.00 per hour. These fees will be added to the final invoice.
Payments & Correspondence:
Please send proof of payments and correspondence to: info@mobile-photography.co.za
Photographs will not be released without proof of full payment.
Legalities:
The Client confirms that this agreement is being regarded as due demand for payment of all outstanding contractual fees owing to Mobile Photography.
The Client consents to judgment in terms of section 57 and section 58 of the Magistrates Court Act, to be obtained against the Client in order for Mobile Photography to collect any outstanding and due amounts.
Should the Client defaults in any part payment or instalment payment, due and payable, he/she consents to the whole outstanding balance to become payable immediately.
The Client consents to the payment of all legal costs, should Mobile Photography have to institute legal action against him/her, at attorney and own client scale, plus interest.
The Client also consents to payment of collection commission and tracing agent's fees.
The Client chooses his/her address for service of all notices and or document of litigation process at the addresses to give written notice within 7 days of change of any of his/her address particulars as stipulated in this contract.
Limitation of Liability:
Mobile Photography will not be liable for any loss or damage suffered by the customer as a result of, inter alia, the following:
- Force Majeure (Acts of God)
- Fire
- Hijacking, theft and related events
- Malfunction of equipment
- Loss of negatives, memory card and/or digital information etc by the development laboratory.
- The undersigned agrees to waive any claims of negligence, breach of warranty or contract, mental harm and distress.
Other Services:
This contract is for the photography services and electronic delivery of the Licensed Digital Images only. Added services, such as Supplying high resolution Digital Images on physical media, touch-ups, or editing are offered as a separate order. Any changes to this agreement must be made in writing and signed by all the parties. This agreement constitutes the entire Understanding of the parties. By signing this contract, Mobile Photography and the Client agree to all of the terms and conditions stated in this contract.
Thank you! - The Mobile Photography Team
